Repression of Dissent in Sri Lanka, August 2024

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Executive Summary

Context: The focus of this month was largely on the election as this was the first election happening after the economic and political crisis in Sri Lanka. 39 presidential candidates, including incumbent President contested. 

A significant number of election violations were reported on the abuse of state power, and resources, while a small number of incidents were related to election violence. It was reported that President Ranil Wickremesinghe misused a quote from the IMF chief to promote his election campaign. The Leader of the Opposition accused that centralised funds allocations made available to an MP supporting him in the upcoming election were withdrawn by the government, while new funds were allocated for another MP who expressed support to the incumbent President.  

Authorities apprehended a private secretary to a State Minister while allegedly soliciting a bribe on behalf of the Minister. 

The current Ambassador and Permanent Representative of Sri Lanka to the United Nations in Geneva was mandated by the Australian Federal Court to remit a total of $543,000 in outstanding wages and interest to a domestic worker who was employed by her during her tenure as Deputy High Commissioner of Sri Lanka in Australia, as she had failed to pay the national minimum wage according to Australian law.

The Human Rights Commission of Sri Lanka addressed a letter to the Minister of Justice asking the progress on proposed legal measures to decriminalise sexual relations between consenting same sex adults. 

The coastal Vedda community who organised the event highlighted a number of issues that they face including land rights, documentation issues and non-recognition by the state.

Mothers of the victims of enforced disappearances stated that they will firmly disassociate themselves from the upcoming presidential election in Sri Lanka, asserting that none of the Sinhala candidates could be relied upon to provide justice. Several protest marches were held across the North and East to mark the International Day of the Victims of Enforced Disappearances (August 30). 

Anura Kumara Dissanayake, the presidential frontrunner of the NPP said that his administration would not punish anyone accused of human rights violations and war crimes.

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Case Updates: The Supreme Court scheduled a review of the petition submitted by Shani Abeysekera, the former Director of the CID, who had requested sufficient protection due to threats to his life. 

The proceedings regarding the Kokkuthoduvai mass grave site took place at the Mullaitivu District Court and the court ordered that this request undergo a review.

Emil Ranjan Lamahewa, the ex-Commissioner of Prisons, who had received a death sentence for the killings of inmates during the 2012 Welikada Prison riots, was acquitted by the Supreme Court. 

Compensation payments to victims of the Easter attack were completed by all perpetrators except Former Director of State Intelligence Service. 

The Supreme Court scheduled October 14 for the hearing of petitions concerning the Adani wind power project in Mannar, which is supported by India. 

The Supreme Court issued an order nullifying the implementation of the recommendations made by the Presidential Commission of Inquiry into Political Victimisation (PCoI), appointed by former President Gotabaya Rajapaksa. 

The Supreme Court dismissed four fundamental rights applications filed by those who protested outside the private residence of former President Gotabhaya Rajapakse in 2022, while it granted Leave to Proceed for four similar petitions.

Loved ones of the victims marked eighteen years since the Air Force bombed the Sencholai school in Mullaitivu.

Another remembrance event was organised to pay tribute to the victims of the Thiraikerny massacre in Ampara district in August 1990. 

An event was held at the Jaffna Press Club to commemorate the 17th death anniversary of the journalist Sahadevan Nilakshan. 

The exhumation of the Kokkuththoduvai mass grave was completed and the case was presented at the Magistrate’s Court in Mullaitivu. The magistrate gave the reporters a rundown of the next steps. 

A Fundamental Rights petition was submitted to the Supreme Court, requesting an order for the President to appoint an Acting Inspector General of Police. 

Regarding interrogations by TID over his literary work, writer Theepachelvam Piratheepan handed over a letter to Amnesty International, UNESCO and MP Shritharan Sivagnanam.

Retired Senior DIG Ravi Senaviratne and retired SSP Shani Abeysekera filed a Fundamental Rights petition in the Supreme Court against the false allegations levelled against them. 

Families of the disappeared organised a demonstration at the Kokkuthoduvai mass grave site, calling for an international judicial investigation into the mass grave. 

The Supreme Court determined that the Elections Commission is accountable for its “insufficient planning and management of the electoral process, as well as its failure to exercise its authority to provide necessary directives” to hold local authority elections. 

Two judges of the Supreme Court withdrew from considering three petitions submitted by former Criminal Investigation Department Director Shani Abeysekara and two additional individuals. 

A.H.M. Fowzie, a former minister, received a sentence of two years of rigorous imprisonment, was suspended for a period of ten years, due to accusations of misusing a state vehicle. 

Repression of Media and Journalists: Journalist Shanmugam Thavaseelan was summoned again by Mankulam police for interrogation. There is an ongoing legal case against Thavaseelan based on a complaint made by a Naval intelligence officer and he has been subjected to various  intimidations for the last several years.  

The journalists who had been invited from North and East to Colombo for a meeting with the President were barred from speaking and handing a letter to the president demanding justice for journalists who had either been disappeared or assassinated. 

Participants of a silent demonstration in front of the court demanding justice regarding a case of gang rape of a female school student in Thanamalwila and a journalist covering that protest were threatened by a person caliming to be a father of a suspect.  

Repression of Freedom of Assembly: An Intelligence officer threatened a group of protestors who held a demonstration at Mullaitivu Bus stand demanding justice and accountability on enforced disappearances during civil war. Maligakanda magistrate court issued three restraining orders against three protest marches organised by civil society activists, politicians, trade unions, and student activists in Colombo, preventing them from entering certain areas of the city, claiming that the protest marches would disturb the public. Police obstructed campaigns by Tamil political groups that urged Tamil people to refrain from participating in an election that would prioritise the interests of the majority within a unitary state. Association of the Tamil Families of the Disappeared alleged that representatives from Sri Lanka’s Office of Missing Persons had threatened the families of the missing individuals, insisting that they cease their protests. Trincomalee Magistrate’s Court issued an injunction order against a protest organised by the families of the forcibly disappeared. Police arrested an activist, Rajkumar Rajeevkanth for participating in protests organised by the Tamil Families of the Disappeared to mark the International Day of the Disappeared. 

Repressive Legal and Policy Action: A gazette notification was issued making the supply of electricity and petroleum essential services. In Sri Lanka, this has been a common practice by the government to prevent trade union actions enabled by trade unions related to said services. The President issued an order calling out the armed forces for the country’s security, indicating continuing militarization in the country.

Dilith Jayaweera, a presidential candidate and a business tycoon, promised to abolish the Truth and Reconciliation Commission Act, which his Sarvajana Balaya party claimed was “aimed at handing over Sri Lanka security force officers to international jurisdiction.”
Other incidents: Activists advocating for the accountability on enforced disappearances were intimidated by the state intelligence officers and questioned them at the Mullaitivu court premises when they attended court hearings related to enforced disappearances.  Randimal Gamage, a member of Ruhunu People’s Front, filed a complaint with the Human Rights Commission of Sri Lanka, claiming that he was unjustly arrested when he attempted to file objections against the nominations of two presidential candidates. The JMO of the Hambantota General Hospital has allegedly threatened and attempted to assault an underage, rape victim causing her to severe distress. Extensive probes had been conducted by the anti-terrorism police summoning and interrogating the school’s principal, teachers, and students of the Konavil Tamil College in Kilinochchi regarding an art installation done at an inter-house sportsmeet event held six months ago. Reportedly the structure of the art installation had highlighted the traditional habitats of Tamils in Sri Lanka adorning the entrance to one of the sports houses. A person claiming to be the husband of a former Governor  of Central Province has made a threatening phone call to a Regional Secretary in Nuwara Eliya demanding to provide government land or to face reprisals following the election.

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